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(영문) 부산지방법원 동부지원 2018.03.28 2017고단2709
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2016 to June 2017, the Defendant acted as the representative of 107 units and the chairman of the committee for emergency countermeasures against construction opposition in the Busan metropolitan metropolitan apartment from around 2016 to around 2017, and performed the work of preventing the construction of the newly-built E apartment from around the above apartment and negotiating the compensation for damage suffered by the residents of the said C apartment.

1. On January 5, 2016, the Defendant: (a) received transfer of KRW 100,000 from the Busan Bank Account (G) (hereinafter “public fund account”) in the name of the Defendant who manages public funds from the victim F of the said apartment from the 107-dong resident in the above apartment complex to the Busan Bank Account (hereinafter “G”) under the name of the said resident; and (b) received transfer of KRW 6,700,000 from the victims from the residents of 107 Dong-dong, the victims from June 13, 2016 and kept in custody for the victims for their business from August 26, 2016 to October 28, 2016; and (c) used KRW 823,543,543, won as living expenses, etc. in Busan Shipping Daegu from the victims of the said apartment complex.

Accordingly, the defendant embezzled the victims' property.

2. (State) On October 6, 2016, the Defendant shall pay KRW 64,00,000, totaling KRW 800,000 to each of 80 households of C107, under the pretext of compensation for all civil petitions related to construction works following the construction of the E-Newly constructed apartment, and KRW 36,00,000, totaling KRW 100,000, as differential compensation for the attendance at the Emergency Countermeasure Committee and the 107 Assembly meetings.

“A” has completed a written agreement and accordingly received KRW 60,000,000 from the above H to the public fund account on October 6, 2016 and KRW 40,000,000 on November 4, 200, respectively.

around March 22, 2017, the Defendant agreed to receive KRW 18,00,000 under the name of installation of the ED signboard for the above C Apartment, and KRW 2,000,000 under the name of subsidization for expenses for the elderly's travel, from the above H around the 22th day of the same month.

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